Alimony is one of the payments that can be assigned for a period that has already passed. This allows the plaintiff to receive the money that he is entitled to by law, but for some reason he did not receive it before going to court. To avoid possible abuses, the legislator determines the framework for the implementation of this procedure, including temporary ones.

A parent who is raising a child can claim deductions for previous years only if an agreement regarding the maintenance of the child has not previously been concluded between the parents. That is, there are two procedures by which alimony for the past period can be received: on the basis of a signed agreement or in accordance with the procedure judicial trial.

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The Family Code establishes certain deadlines when you can go to court for alimony. When going to court, payment will be assigned only for three last year. The claimant will not be able to receive alimony retroactively for a longer period.

What the law says

According to Article 113 of the Russian Family Code(RF IC), the collection of alimony payments for the expired period is carried out within a three-year period that precedes the presentation of the corresponding demand by the plaintiff.

In situations where the payment of alimony under a writ of execution or an existing agreement was not made due to the fault of the payer, their collection is carried out for the entire period, without taking into account the three-year period determined by the Family Code.

The bailiff calculates the debt based on the amount of alimony that was determined or.

Alimony for the three previous years, which must be paid in accordance with Article 81 of the RF IC, is calculated based on the total income of the person who is obliged to pay this payment.

If a person did not have a job during the specified period or there are no documents that can confirm his earnings, the debt will be determined taking into account the average salary existing at the time the debt is collected.

In case of violation of the interests of one of the parties, it can apply to the court with a request to fix the debt in a specific amount. This should be justified by material and marital status participants in the dispute and other circumstances that deserve attention.

If any party does not agree with the amount of debt that has been determined, either party may appeal the decision in the manner prescribed by the Civil Procedure Code

Main points

Acceptable deadlines

According to general rule alimony is collected from the defendant from the moment the plaintiff filed a statement of claim in court. However, the legislation allows that if evidence is presented, alimony may be collected for the previous period.

To do this you need to demonstrate that:

• the defendant did not pay child support for the previous period and did not support the child;
• the plaintiff attempted to obtain alimony from the defendant;
• the party that acts as a defendant in the case evaded paying alimony.

Supporting documents may include papers provided by internal affairs bodies about a failed attempt to find the alimony provider, correspondence between the parties, which confirms that the defendant evaded his obligations, and witness testimony.

Judicial practice shows that it is rarely possible to recover alimony for the previous three years. This is due to the fact that the plaintiffs cannot collect the necessary evidence that would be accepted by the judge as conclusive evidence of evasion of alimony payments.

What is the difference

Payment for the past period and collection of alimony debt differ from each other:

• The debt arises after enforcement proceedings have been initiated. The defendant shirks from fulfilling his obligations after the court has made a decision to assign alimony and issued a writ of execution. Payments for the past period appear if the plaintiff did not go to court and he did not receive funds under the terms of the agreement.
• The plaintiff himself can calculate the amount of payments for the past period. Based on his calculations, a court decision will be made. As for the amount of debt, it is established by bailiffs. It depends on the income of the alimony holder. If there is no income, the amount of debt is calculated based on the average salary paid in a particular region.
• has no statute of limitations. If we are talking about collection for the past period, then it is possible only for 3 last years.
• If the debt is not paid, the debtor is charged a penalty. Payments for alimony do not imply such accrual.
• Child support debts arise due to one of the former spouses. Debt can arise both due to the fault of the alimony provider, and for a reason that does not depend on him.
• For the period that has passed, funds are charged if no agreement has been concluded before. If such a document was concluded, a debt arises.

Procedure

According to the general rules, alimony debt begins to form from the date on which the application was filed with the court.

The plaintiff can file an application, demanding that the defendant pay alimony for the last three years. The claim must be accompanied by materials that can prove that the child did not receive help from the defendant, moreover, he avoided fulfilling his parental responsibilities.

These documents include:

• certificates about the status of the plaintiff’s personal account, which prove that child support was not received;
• documents that demonstrate the level of expenses for the child - payment for kindergarten, purchase of clothes, toys, medicines, etc.;
• evidence that the defendant does not have a stable income;
• a certificate stating that the defendant does not live at the place of registration, and it is problematic to establish his place of residence;
• other papers in fact.

Whatever documents are provided, their key task is to prove that alimony has not been paid over the past three years. In addition, the plaintiff will have to provide the court with evidence that he made attempts to obtain payment of money for the child, however, they were unsuccessful.

Instructions for receiving alimony for the previous three years

If a parent voluntarily does not want to pay child support, he can only be forced through the courts. It will not be so easy to figure out this issue on your own. In order for the court to make a decision in favor of the plaintiff, it is necessary to correctly draw up a statement of claim and indicate in it the period during which alimony was not received and what the reasons for this were.

Article 107 of the Russian Family Code determines that in the event of a debt arising due to an alimony provider, collection will not have a statute of limitations. Each of the parties to the dispute can challenge the amount of the debt, guided by Article 113 of the RF IC.

The task of proving the existence of debt for the past period is quite difficult, since often the plaintiff is not able to provide evidence that the defendant shied away from paying alimony while the corresponding demands were made against him.

What methods of proof can the plaintiff use? You need to understand that it is better to collect documents over a certain period of time. For example, the parents made an attempt to agree on the maintenance of the child, but the one who lives separately does not agree to fulfill the requirements put forward to him. In this case, you need to prepare a draft agreement and send it by mail with a notification and a list of the attachments.

The covering letter should indicate that all costs of maintaining the minor are borne by the parent who lives with him. An excellent proof that the plaintiff is right is the fact that no response was received to the letter. In turn, the second party will not be able to prove that it had any expenses related to the child.

Generally accepted algorithm

Calculation details

The amount of alimony can be calculated in a certain proportion of wages or . In addition, the period of time during which alimony was not paid will be taken into account.

If alimony is assigned in the form of a share, in order to calculate its amount, it will be taken into account where the defendant works and what was the amount of his salary for the past period. If in recent 3 years the person did not have an official salary or documents on its amount were not provided, alimony will be calculated based on the size of the average salary in the region.

If a fixed amount is assigned, the amount of debt will be calculated based on the amount established in the region. If one of the parties to the dispute does not agree with the amount of payment, it can be challenged in court.

Where and what to contact

If the parents entered into an agreement, but its terms no longer satisfy one of them, he has the right to challenge them in court. If the agreement is no longer fulfilled by one of the parties, the second may request to enforce the agreement.

If an agreement has not been concluded, you can apply to the court to assign alimony. Moreover, if the plaintiff makes a request, alimony can be assigned retroactively for the last three years. However, this will require the provision of evidence that attempts to obtain alimony were made by the plaintiff, but they did not bring any results.

First, you need to prepare and file a claim, which should detail the circumstances of the case.

What you need to say:

• Attempts were made on the plaintiff's part to obtain relief. Provide correspondence, audio recordings, witness statements, etc. as evidence.
• There was no financial support from the defendant; moreover, he shied away from his responsibilities as a parent. In this case, this fact can be proven by certificates about the defendant’s income, an extract from the plaintiff’s bank, payment documents that confirm the amount of the plaintiff’s expenses for the child, etc.

It is very important that the evidence base is prepared thoroughly. Taking this into account, it is better to delay filing a claim in court and collect evidence that you are right, than to file a claim in court and be refused to resolve the problem due to insufficient evidence.

Filing a claim also involves submitting the following standard package of documents:

• passports of the parties;
• birth certificate of a minor;
• information about family composition;
• certificate of divorce;
• document confirming the amount of wages and other documents.

How can you prove

The main trump card of the parties to the trial is the presence of convincing evidence. The decision is made by the judge based on the actual data provided. If a violation was committed when considering the plaintiff’s application, this is the basis for appealing to the appellate and cassation instances.

You can prove a preliminary appeal to the defendant by providing:

• written materials (certificate of salary, correspondence about payment of alimony, appeals to the defendant);
• oral testimony;
• if we are talking about recognizing the fact of paternity, an expert opinion can be provided.

Physical evidence is rarely used in civil cases.

The most in a simple way To prove your case is to involve witnesses in the case who can prove that the defendant did not pay money for child support. Witness's testimonies are initially attached to the claim in writing, but witnesses will also be called to testify under oath.

Relatives and other persons who are interested in the outcome of the case cannot act as witnesses.

Regarding correspondence, emails can serve as evidence.

The plaintiff must confirm that at least once, he sent a letter with demands for alimony payments to the defendant's mailing address

Trial in court

The court can satisfy demands for the payment of alimony payments; to do this, you need to submit a package of documents, as well as provide evidence that the defendant does not participate in the maintenance of the children.

The package of documents includes:

• marriage certificate or certificate of divorce;
• birth certificate;
• certificate of dependents;
• evidence that the plaintiff approached the defendant with a request to provide financial support for the children;
• papers that prove the level of monthly expenses for a minor.

Single mothers, left without the support of their husbands, raise their children on their own for a long time, not knowing that they have the right to collect alimony for previous years. The Family Code of the Russian Federation, as the main normative act regulating the issues of maintaining minors, gives such a right. How to collect arrears of alimony, for what period this can be done - the consultants of the resource site will tell you.

How do you get alimony?

According to Article 99 of the RF IC, parents can achieve mutual consent for the payment of financial assistance for the maintenance of the child, having signed the appropriate agreement and certified by a notary. If the terms of the transaction are evaded, it acquires the force of a writ of execution and is subject to enforcement by the bailiff service.

For what period can alimony be collected?

The rule is that material aid is awarded for payment starting from the day the claim is filed in court. For example, if the application was received for consideration on April 11, 2016, then the calculation of alimony will begin from this date.

The legally defined circumstances of the case allow the mother to count on a long period of time for the accrual of monetary support, namely three years, provided for in paragraph 2 of Article 107 of the RF IC. But the court gives such an opportunity if the applicant proves that:

• the defendant did not provide financial support to the child;
• the plaintiff did everything in his power to obtain child support from his father;
• The defendant deliberately avoided paying financial assistance to the minor.

These circumstances must take place at the pre-trial stage. Under such conditions, alimony for the past period can be recovered in full. But the main difficulty is collecting evidence of the defendant’s evasion of a legal obligation.

How to collect alimony for the past period in court?

The fact that the father did not provide financial support to the mother and child can be substantiated with the following documentation:

• statements from the applicant’s bank accounts, which do not show any receipts from the defendant;
• receipts for expenses incurred for the upbringing and care of a minor ( kindergarten, school, treatment, leisure, etc.);
• certificates from the defendant’s personal accounts regarding the movement of funds;
• work book indicating lack of work;
• a certificate from the place of residence where the father does not live;
• correspondence materials (paper, electronic);
• information from the police department about the search for the missing parent.

Witnesses who will confirm the lack of communication between the defendant and the minor and the lack of financial assistance will help strengthen the plaintiff’s position, then you can count on the collection of alimony in a fixed amount.

The plaintiff’s feasible measures taken to resolve the issue of alimony need to be proven. It is unlikely that it will be possible to present to the court photographs or video materials that will make it clear that the applicant wanted to establish contact with the child’s father.

Try to send a registered letter to your father’s place of residence with a draft agreement on the payment of alimony, leaving yourself (as proof of sending) a postal receipt.

If the first letter remains unheeded, a claim should be sent to the defendant with demands for participation in the maintenance of the minor and a solution to the issue of how to collect alimony for the past period on a voluntary basis, since all expenses fall on the applicant. Ignoring the plaintiff’s correspondence will further work against the defendant.

Justifying the plaintiff’s position in court is a complex and time-consuming process. When wondering whether it is possible to collect alimony for previous years, you need to take care of the evidence base in advance. You can also try to get child support after 18 years of age by collecting the necessary evidence for this.

Proper preparation for the process is the key to success. Otherwise, it threatens failure, which is confirmed by the decision in case No. a-3760/2014.

Is it possible to collect alimony for previous years - judicial practice

Gr. Z filed a claim against gr. And about the collection of alimony for the daughter, including for the past period. The magistrate satisfied the plaintiff’s demands for appointment child care, however, refused to accrue money for the past three years.

The basis was the insufficient amount of evidence gr. F about the defendant’s evasion of the obligation to pay financial assistance to the child. This is considered a difficult task. Therefore, cases where mothers managed to claim funds for the elapsed time are extremely rare.

How is child support debt calculated?

Article 81 of the RF IC establishes the share principle of collecting financial assistance. If distribution into shares is impossible, on the basis of Article 83 of the RF IC, a fixed amount is established that is paid monthly by the defendant for the maintenance of the child. In some situations, a combination of these methods is used.

If the court is provided with a certificate of the defendant’s income, alimony is collected in shares. In their absence, a monthly fixed amount is awarded, sufficient to meet the daily needs of the minor.

If the answer to the question for how long child support can be collected is given by the court, then the bailiff is responsible for calculating the accumulated debt for the elapsed time. The relationship between the parties and the bailiff is regulated by the Federal Law dated 02.10.2007 No. 229-FZ. "On enforcement proceedings."

In the case where a parent did not have income during certain periods of his life or information about finances was lost, the amount of monetary support is set in proportion to the average salary in the region.

The bailiff, when determining how to collect alimony for the past period in a fixed amount, proceeds from the cost of living in the place of residence of the minor. The debt is determined by multiplying the required payment by the number of accrual periods.

Alimony in a fixed amount is subject to annual indexation. If the plaintiff or defendant does not agree with the calculations of financial assistance, he has the right to file a complaint against the actions of the bailiff. The portal's lawyers provide free legal advice on issues of family relationships; contact 33Yurista.ru at any time.

For previous years, it is necessary to use information from regulations.

Based on Art. 107 of the Family Code of the Russian Federation, which regulates the collection of arrears of alimony for past periods, the plaintiff has the right to receive funds for the maintenance of a minor provided by law.

In order to avoid abuse and not fall into an ambiguous state of affairs, the law defines strict frameworks for the procedure under consideration for collecting the existing one.

Regulatory acts for the collection of alimony for the past period

Cash payments are given not only to the child, but also to the parents. The accrued amounts are received by disabled member family from a relative.

The main regulatory act for claiming alimony arrears is the Family Code of the Russian Federation (Article 107). According to the types of alimony collection, it is customary to distinguish payments into:

• children;
• parents;
• providing for the wife;
• mother of a child under 3 years of age.

Procedure for payment and collection of alimony for a minor child established by court decision. The main provisions of the law are spelled out in Chapter 17 of the RF IC (Article 107), which states:

• About the timing of applying for alimony;
• That a person who has the full right to receive these payments can file an application with the court to collect the debt, regardless of the time period that has passed since the date the right to these accruals arose. Applies to cases where previously alimony was not paid under an agreement on the payment of this type of assessment;
• The amount is awarded from the moment of application to the court.

Note to parents

Financial support for their child is the direct responsibility of every parent. For child support amounts can be awarded (based on Articles 80, 81 of the RF IC):

• after divorce;
• during the period of informal relations between citizens;
• during the legal marriage of the spouses.

If alimony is formalized by agreement, the amount for monthly payments can be set by the parents themselves. In terms of amount, financial support for a minor child cannot be lower than the amount that was assigned by the court when resolving the case in court.

A parent obligated to pay alimony must transfer a monthly assigned portion of his salary for the maintenance of a child or several children.

Debt and collection for past periods and judicial practice

Child support payments, voluntary or forced, are required by law. Therefore, when collecting alimony for the past period, the plaintiff:

1. First, he must confirm, before receiving the amount of the debt, that he took legal actions to claim funds for child support, and the defendant systematically evaded payments.
2. Must prove in court that the defendant has maliciously evaded alimony, then you can count on positive result in favor of the plaintiff.
3. According to the court's decision, the plaintiff will receive legal money for accrued alimony, which was not paid before filing the claim in court.

To accrue arrears of child support for the previous period, it is necessary to claim the debt in court or in accordance with an agreement on the procedure for providing for children.

Official child support payments are determined by the following percentages:

• for 1 child – ¼ of the salary;
• for 2 children – 1/3 of the salary;
• and more - 1/2 of the salary and other income (but not more than 70%) (in accordance with Article 99 of the Federal Law 229 “On Enforcement Proceedings” (2007)).

The indexation of the debt incurred is carried out on the basis of a previously signed agreement on the payment of alimony. When this condition is absent from the contract - indexation is carried out according to the increase in the amount of the subsistence minimum assigned to specific groups of the population.

It is better to index the payments and existing alimony debt by contacting a specialist directly. It could be Bailiffs Service, working with indexation of alimony, with monthly payments for the maintenance of family members.

If an agreement on the payment of alimony has not been previously signed, the conflicts and interests that have arisen will have to be resolved in court (in district court, at the place of registration of the defendant).

For your information. If the place of residence of the defendant is not established, the law allows filing a claim for collection of alimony debt at the place of registration of the plaintiff.

The court can reduce or increase the legal requirement by setting a certain period on the basis of which the security will be collected. In court, the plaintiff must document that the defendant deliberately evaded his responsibilities as a parent.

At the court hearing, as conclusive evidence:

• witnesses may be invited;
• letters from private correspondence are provided;
• A recording of telephone conversations is provided.

The defendant could, in addition to timely payment of alimony, provide funds for the child’s health, recreation, and entertainment. The father could pay for the purchase of clothes, toys, tutoring and other specialists who participated in the development of his child.

When collecting evidence, it is necessary to have all the information on the costs incurred. This will help you get a fair decision in court. That is why arguments for the collection of amounts for previous periods and for the calculation of interest are so important.

A claim for alimony may be dismissed with a finding of lack of merit imposed.

The court decision establishes:

• Specific deadlines for paying off obligations for awarded alimony;
• Form of payment;
• Alimony relations until the child reaches the age of majority.

To repay debts on monthly payments for the previous period, as a rule, they accrue fixed amount. Deductions are assigned in accordance with the minimum wage for a specific region of the Russian Federation. If the defendant has a regular income, he is awarded a % (share) in official employment.

When the defendant does not have a stable income, a fixed amount is assessed for irregular income.

Based on judicial practice, the total amount is rarely established. In terms of amount, alimony is taken as a share based on the minimum subsistence level or the minimum wage valid for calculating payments in a particular area of ​​the defendant.

For what period can alimony be collected?

Within 3 year term Before going to court, the law provides for the collection of alimony arrears in the territory of the Russian Federation. But in court the plaintiff will have to prove measures taken to claim for prescribed alimony.

Statute of limitations

For the court, the reasons why the plaintiff has not previously addressed the issue of forced collection of the resulting debt are not important.

It is important to provide the court with evidence that officially confirms attempts to independently obtain funds from the defendant for child support. This will help prove the defendant’s evasion of alimony payments.

Even after the child reaches 18 years of age, the plaintiff (one of the parents or official guardian) has every right to within 3 years collect the resulting debt for payments of funds for the maintenance of a minor.

This applies to statutes of limitations, and arrears recognized by the court for alimony must be paid in full by the defendant.

Procedure for collecting arrears of alimony

This procedure takes place in a strictly established judicial manner. For this:

• A statement of claim () is drawn up, which indicates the name of the court to which the documents are sent;
• Provides detailed information about the plaintiff, defendant;
• Data on the document on the basis of which payments were made on a voluntary basis are filled out in the form prescribed by law;
• The claim sets out all the circumstances on the basis of which a specific state of affairs arose;
• The list of documents attached to the statement of claim is indicated, dated and signed;

Except statement of claim, to submit documents to the court to collect arrears of alimony, you must attach copies of:

1. passports,
2. certificate of divorce or marriage;
3. about the birth of a child or several minor children;
4. certificate of the plaintiff’s income or salary;
5. certificate of income of the defendant;
6. a certificate from the place of residence confirming that the father independently provides material well-being child;
7. evidence from the plaintiff that he previously contacted the defendant to fulfill his child support obligations, with confirmation that the defendant ignored compliance with his obligations.

It is important to know. Child support cases are reviewed by a magistrate. Evasion of alimony payments for 3 months will lead to forced collection of the resulting debt.

Nuances

When a claim for alimony and a claim for recognition of paternity are filed simultaneously, alimony payments for the previous period for repayment will not be assigned to the defendant.

From the date of receipt in court for the collection of arrears of alimony, the claim will be considered within 1 month from the date, acceptance of the application for production.

After the court renders a verdict, the parties have the right to appeal the decision by filing an appeal within 30 days to a higher court.

The income from which I pay alimony is:

1. Wage.
2. Benefits.
3. Scholarship.
4. Pension.
5. Prize.
6. Reward.
7. Income from business activities.

The settlement amount of the claim is issued to the alimony recipient by the bailiff who conducted the proceedings. The amount includes:

• Debt incurred;
• Penalty – 0.5%, calculated taking into account each missed day,
• 7% (execution costs) of the total debt.

The court determines the amount of obligations, and the bailiff must notify the defendant, who, no later than 10 days in advance, must voluntarily pay the recognized alimony debt.

Afterwards, a procedure with forced collection is opened, which may be followed by the seizure of the debtor’s property.

Responsibility for evasion of alimony payments for past periods

When the defendant systematically evades paying the awarded alimony, the court has the right to impose a criminal or administrative sentence. This applies to:

• seizure of property;
• deprivation of parental rights;
• compulsory or correctional labor;
• imposition of fines;
• arrest (no more than 3 months).

How is debt collected under the agreement?

Repayment of the resulting alimony debt is carried out on the basis of a previously signed agreement.

Changes, as well as the official termination of a previously signed agreement on payment of child support, must be made in writing. Notarization is strictly required. Unilateral refusal to pay child support or change of its conditions by one party is not permitted by law.

When considering an agreement to pay alimony, you need to know that this o the most effective tool in settling legal relations between ex-husband and wife. Concerns issues when it is necessary to resolve disputes and conflict situations to provide maintenance for family members.

To do this, an agreement is first concluded, signed by the person obligated to pay alimony for the maintenance of a family member and by those who have the full right to receive accrued payments.

When one of the parties to the signed agreement is declared incompetent, an agreement is reached between the legal representative and the other party.

The alimony agreement must be concluded in writing and must be certified by a notary. This document has the force of a writ of execution. If a payment debt arises, the recipient party will have to immediately contact the executive body, providing this agreement to request payments for alimony maintenance.

If such an agreement has not been previously concluded, you will have to draw up a statement of claim and go through full procedure with evidence of the debt incurred. The general procedure for claiming arrears of alimony is given above in this article.

Advised by a lawyer

In the video below, lawyer Pavel Lyska talks about the nuances of the procedure for collecting alimony for past periods.

Is it possible to collect alimony for the past period, the difference between collecting alimony for the past period and debt collection, the conditions for making a positive court decision.

The responsibility to raise and support a child rests with both parents from birth. This is the moral and moral aspect of the party.

In a family where children live with their parents, the obligation to provide financial support is fulfilled by default. In the event of divorce or separation of spouses, the parent raising the child has the legal right to demand monetary payments for his maintenance.

Collection of alimony can occur if the parents live together, since they are equally obliged to support and raise their children. In this case, it does not matter whether they are married or not.

In the event of a divorce, one of the parents is responsible for the financial support of the minor child. This is necessary in order to provide him decent life.

However, not everyone understands this, so it is necessary to force the payment of alimony. This is regulated by Article 80 of the Family Code of Russia. The law is mandatory even if the defendant, after a court decision, evades fulfilling his obligations.

From the point of view of the law, the responsibility for maintaining a minor child falls on the second parent from the moment claims are made against him, in documentary form.

Requests for payment of financial support can be formalized in the form of a statement of claim or a notarized agreement on the payment of alimony.

The general rule is that alimony will be calculated from the date the claim is filed in court. The duration of the trial can be quite lengthy. This can be caused by various reasons.

The consideration of the case is delayed if the claim is filed simultaneously with the application for divorce. In this case, the calculation of alimony begins from the moment the claims are filed, and not when a court decision is made.

The natural question is why, given the existence of an obligation on both parents to provide for their children, regardless of their marital status, place of residence, it is possible to receive funds only after filing a claim. Why can't the plaintiff get money that hasn't been paid for years or the defendant ignored his responsibilities?

This is done to protect the defendant from abuse by the other parent. This is precisely why the establishment of strict conditions and time frames is associated.

For how long can alimony be collected?

Family law regulates the procedure for collecting child support for the past period of time. This measure helps to realize and protect the child’s right to receive financial assistance from a parent who, for some reason, did not provide it in a timely manner.

To avoid abuse in this situation, the legislation has established a number of restrictions. When collecting salary for previous years, you should be aware of the time limit. The plaintiff must also provide evidence of innocence for consideration at the court hearing.

Article 107 of the Family Code of the Russian Federation defines the period for collecting funds for the maintenance of children. It lasts 3 years prior to filing a claim with the judicial authorities.

Lawyers recommend going to court as early as possible, otherwise, after a long period of time, you will have to explain in court the refusal to apply for alimony or collect documentary evidence of the defendant’s reluctance to help his child financially.

Another situation is when there has been a previous appeal to the court and there is a valid court decision to collect monetary support. In this situation, it is possible to demand funds not for the past three years, but for the entire period from the moment the first decision was made.

If the defendant evades the execution of a court decision, coercive measures may be taken: the imposition of administrative or criminal punishment in the form of seizure of property, a fine, correctional labor, administrative arrest, or deprivation of his parental rights.

If the whereabouts of the debtor are unknown or he is hiding deliberately, the court must put him on the wanted list for the bailiff service.

The procedure for collecting alimony for the past period

When filing an application with the court, you should understand the difference between collecting arrears of alimony and collecting maintenance funds for the past period.

A debt may arise in the event of an existing agreement on the payment of alimony or a court decision, and the debtor refuses to fulfill his obligations.

Important and a necessary condition are repeated urgent appeals to the defendant with a request to pay financial support for the child. The plaintiff will have to prove the fact that the other party evaded material payments.

Article 107 of the Family Code of the Russian Federation defines the following circumstances under which collection of funds for the past period is carried out:

• There was no agreement on the payment of maintenance between the spouses;
• The father did not pay financial support for the child;
• The measures taken by the parent to collect child support did not bring a positive result;
• Money for the past three years will be recovered if the plaintiff has not previously gone to court and has not entered into an alimony agreement;
• The plaintiff must know for sure that the available evidence that he has repeatedly contacted the defendant will be sufficient and convincing for the court.

Written requests, notices, claims, testimony of witnesses, confirmations can be used as evidence telephone conversations. The reason why the plaintiff did not go to court earlier does not play a special role.

To recover child support, you must apply to the magistrate’s court at the local court at your place of registration. At the same time, the claim may contain demands for the recovery of alimony from the defendant for the past time.

The application should indicate the name of the court site, information about the plaintiff and defendant, as well as justified demands.

List of documents confirming the legality of the recovery of monetary support from the defendant, required for inclusion in the statement of claim:

• Plaintiff's passport (copy);
• Divorce certificate (copy);
• Child's birth certificate;
• Certificate of family composition or extract from the house register;
• Certificates of income of the plaintiff and defendant;
• Documentary evidence of requests for financial support.

Within court session You can request a survey of witnesses who will confirm the facts of unsuccessful appeals to the defendant.

Evidence of attempts to obtain financial support for a child can be correspondence, recording of conversations

The statement of claim must necessarily indicate that there were repeated requests to the defendant, but he either refused or ignored requests for financial support.

The fact of evasion from providing financial assistance to a child can be evidence of bank statements showing no receipt of funds.

The plaintiff can confirm his expenses with receipts for payment preschool, circles or sections, cash receipts.

The application must be certified by the plaintiff or his legal representative. The claim must be considered by a magistrate within a month from the date of acceptance of the materials for proceedings. In addition, the law provides for a ten-day period to appeal the decision made by the parties.

There are precedents for collecting alimony for child support in Russian legislation. However, exercising a legal right can be very difficult.

This is due to the fact that it is necessary to provide the court with an undeniable evidence base of repeated unsuccessful appeals to the defendant with requests for payment of monetary support. The issue will be resolved in favor of the plaintiff only if a solid evidence base is prepared.

The court will take into account the fact that the defendant occasionally provided financial support, even if insignificant. In this case, the transfer of funds to the plaintiff should be documented: obtain a receipt from the plaintiff, record the meeting on video or recorder, indicate the purpose of the bank payment. This evidence can prove that financial assistance was provided and the claims made are not justified.

If the court has determined the payment of financial support, then it can be recovered in a flat sum of money or a share of earnings. Sum cash payment calculated based on the debt period.

Payment of alimony is carried out from all types of income of the defendant: wages, pensions, bonuses, scholarships, income from business activities.

To calculate the amount of recovery in the form of a share of earnings, information from the place of work on the amount of wages is taken into account. If the defendant did not provide a certificate of income for the past period or did not have official earnings, the calculation will be made taking into account the average wage in Russia.

When a payment is assigned in a fixed amount, the debt is recalculated annually taking into account the minimum subsistence level in the region.

Judicial practice on the collection of alimony for the past period

The right of children to comprehensive development, a decent life and care is enshrined in a number of international documents.

The Declaration of Human Rights and the Convention on the Rights of the Child proclaim the right of the child to a standard of living that provides the opportunity to develop mentally, spiritually, morally and physically.

The responsibility for provision falls on the parents. They are responsible for the decent maintenance of the child within their financial capabilities. Parties to the Convention on the Rights of the Child take all measures to ensure compliance with the provisions of the document by persons responsible for the financial well-being of the child.

IN Russian Federation The rights of mother and child are enshrined in the main state document - the Constitution of the Russian Federation, which defines the equal rights of parents in the upbringing and material support of children.

The main legal document regulating the issues of providing for a minor is the family legislation of Russia, which regulates the child’s rights to receive maintenance, as well as the obligations of parents living separately to support their children.

But very often, when the family has broken up, parents avoid fulfilling this responsibility. They refuse to provide material content or provide it insufficiently. Family law allows you to solve this problem in court.

In 2012, the President of the Russian Federation approved the National Strategy, which contains a number of measures to streamline the payment of child support by parents living separately. These measures will help solve the problem of financial responsibility of spouses after divorce.

The document also defines provisions for organizing the work of the judicial system in terms of respecting the interests of minors, quickly making decisions on claims for alimony, respect for the child’s personality and his rights to a decent life.

As shown arbitrage practice, the justice authorities correctly apply legislative acts when resolving issues of assigning payments for child support and establishing paternity.

Adoptive parents, the administration of the institution in which the child is being raised, and the guardianship and trusteeship authorities have the right to demand payment.

When there is a need to recover for the past period, there are 2 options: 1. When you have not previously applied to the court to award alimony.
As a general rule alimony are awarded from the moment of application to the court. However, they can also be recovered for the past period within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony were not received due to the person’s evasion from paying them. This is established by part 2 of article 107 of the RF IC.

2. When there is: (a) a notarized agreement on the payment of child support between the parent obligated to pay alimony, and a person entitled to receive in favor of the child; (b) a writ of execution issued on the basis of a court ordering alimony to be paid, but the debtor evades payment of alimony.
In this case, Part 2 of Article 113 of the RF IC establishes the rule that if alimony was not paid due to the fault of the person obligated to pay alimony, then alimony is collected for the entire period, regardless of the three-year period established by part 2 of article 107 of the RF IC.

Sources:

• how to get alimony for a year

Tip 2: How to collect alimony from ex-husband in 2019

The law in the Russian Federation imposes equal responsibilities for child support on both spouses. If one of the spouses lives separately from the child after a divorce, he must pay maintenance - alimony. They are defined as the share of earnings paid to your ex-spouse on a monthly basis. The new edition of the Family Code, which was adopted in 1996, provides for two options for paying alimony for a child/children.

You will need

• - child’s birth certificate;
• - a certificate from the place of residence with information that minor child lives at the expense of the mother or father.

Instructions

Russian legislation provided two options for collecting alimony from husband. For a child support agreement, try to negotiate with your ex-spouse to voluntarily pay child support. Such an agreement can be concluded both after a divorce from a spouse and during a legal marriage.

Verify the agreement with , because in otherwise it will have no legal force. Indicate in the document the amount of alimony, the terms, procedure and method of paying child support. Discuss the amount of financial support with your ex-spouse. The amount of alimony should not exceed ¼ of the salary husband for one child, 1/3 for, ½ for three or more minor children.

If it was not possible to reach an agreement voluntarily with your ex-spouse, resolve the issue through the court. Write a statement of claim in which you indicate the court in which you are filing the claim, surname, first name, patronymic and place of residence of the plaintiff (your details) and the defendant (details of your ex-wife) husband). In the application, indicate the reasons for collecting alimony. They usually describe the situation that there is a common minor child (his full name and year of birth), but the plaintiff does not support the child.

Attach to the application two copies of the statement of claim, a certificate of registration, a certificate from the place of residence indicating that the child is dependent on the mother.

After considering the case for collecting alimony from ex-spouse the writ of execution goes to the courts: you take the document according to the court decision to the bailiff service in the area where the plaintiff lives.

The bailiff initiates proceedings and issues a decree to collect alimony. This document is sent to the payer and payee. The bailiff will collect money from the defendant through data Pension Fund, tax authorities and insurance companies.

Video on the topic

note

Child support payments stop after the child reaches the age of majority, after his adoption and in the event of the death of the payer.

Tip 3: How to get alimony from a husband who is hiding in 2017

You can receive alimony from a husband who is hiding by going to court with subsequent monitoring of the execution of the court decision and assistance from bailiffs. In addition, you should use alternative sources impact on alimony defaulter.

Instructions

Contact the court with a claim to collect alimony in the amount determined by family law. After the court decision is made, you should wait for it to enter into legal force (a month from the date the full text of the judicial act is issued in the absence of an appeal).